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Home My WebLink About2024-06-13 CC Meeting Minutes (Signed)City of Palm Springs Page 1 Thursday, June 13, 2024 Minutes of the Regular Meeting of the City Council of the City of Palm Springs CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, June 13, 2024, at 5:35 p.m. PLEDGE OF ALLEGIANCE: Kyah Rose, an elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Garner and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein. Absent: Councilmember Christy Holstege. City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeffrey Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: A. PALM SPRINGS AERIAL TRAMWAY UPDATE B. CITY BRIDGES UPDATE Nancy Stuart, Mount San Jacinto Winter Park Authority board member, provided a presentation. Joel Montalvo, City Engineer, provided an update on the City’s bridges. Mayor Bernstein noted that the following proclamations were issued: • Desert Regional Medical Center (DRMC), recognized on May 29, 2024, in honor and celebration of their Advanced Certification in Perinatal Care Award. • Ron Nyswaner, honored on May 30, 2024, with the 470th Walk of the Stars. • Tony Bruggemans, honored on June 13, 2024, for his outstanding achievements and dedication to hospitality and tourism in Palm Springs. City Council Minutes June 13, 2024 City of Palm Springs Page 2 • Juneteenth Day (June 19, 2024): The City Council issued a proclamation to recognize the importance of Juneteenth. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to accept the agenda with removal of Consent Calendar Item Nos. 1B, 1G, and 1L for separate discussion; noting a recusal from Councilmember Middleton on Consent Calendar Item No. 1D; and continuing Item Nos. 1J and 3B. REPORT OF CLOSED SESSION: The Closed Session of the City Council of June 13, 2024, was called to order by Mayor Bernstein at 3:30 p.m. The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action: CONFERENCE WITH LEGAL COUNSEL – INITIATION OF TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(4) Under existing facts and circumstances, there were four (4) matters. PUBLIC TESTIMONY: David Vignolo, Carlotta Rinke, David Christian, and Doug Evans provided oral testimony. 1. CONSENT CALENDAR: MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to approve the consent calendar with removal of Item Nos. 1B, 1G, and 1L for separate discussion; and the continuation of Item No. 1J; with recusal from Councilmember Middleton on Item No. 1D. A. ENDORSEMENT OF THE LIFT TO RISE 2024-26 ACTION PLAN MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to adopt Resolution No. 25212, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE LIFT TO RISE 2024-26 ACTION PLAN”. B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2024 City Council Minutes June 13, 2024 City of Palm Springs Page 3 MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2024. D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0 (WITH RECUSAL FROM COUNCILMEMBER MIDDLETON), to adopt Resolution No. 25213, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-11-24 AND 05-25- 24 TOTALING $4,565,928.75 AND ACCOUNTS PAYABLE WARRANTS DATED 05- 09-24 AND 05-23-24 TOTALING $19,047,082.04, IN THE AGGREGATE AMOUNT OF $23,613,010.79, DRAWN ON BANK OF AMERICA". E. APPROVAL OF THE 2024 PALM SPRINGS INTERNATIONAL AIRPORT AIR SERVICE INCENTIVE PROGRAM MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to: 1. Approve the new 2024 Air Service Incentive Program; 2. Adopt Resolution No. 25214, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2024 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT"; and 3. Authorize the City Manager or designee to execute all necessary documents. F. APPROVE CONSTRUCTION CONTRACT NO. 24C111 WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT BARISTO PARK MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to approve Construction Contract 24C111 with Miracle Recreation Equipment Company, to purchase and install playground equipment at Baristo Park, in an amount not to exceed $383,074.62; and authorize the City Manager or designee to execute all necessary documents. G. INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. H. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2024-25 MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to adopt Resolution No. 25216, entitled, “A RESOLUTION OF THE City Council Minutes June 13, 2024 City of Palm Springs Page 4 CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.” I. APPROVAL OF AN AGREEMENT WITH THE CITY OF CATHEDRAL CITY AND THE COACHELLA VALLEY WATER DISTRICT REGARDING THE RAMON ROAD WIDENING (FROM SAN LUIS REY DRIVE TO LANDAU BOULEVARD) INCLUDING THE WHITEWATER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040) MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to approve Agreement Regarding the Ramon Road Widening Project over the Whitewater River with The City of Cathedral City and Coachella Valley Water District for the construction of the Ramon Road Widening (San Luis Rey Drive to Landau Boulevard) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040); and authorize the City Manager to execute all necessary documents. J. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006) MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to continue the item. K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B101 WITH TIMBERLINE GSE INC. TO PURCHASE FOUR SWITCHBACK PASSENGER BOARDING RAMPS FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to approve Contract Services Agreement 24B101 with Timberline GSE Inc. to provide four switchback passenger boarding ramps for the Palm Springs International Airport with warranty and maintenance services in an amount not to exceed $284,105 for the initial two-year term beginning June 17, 2024, through June 16, 2026; and authorize the City Manager or his designee to execute all necessary documents. L. CITY BOARDS AND COMMISSIONS – ADOPTION OF A RESOLUTION ESTABLISHING A CODE OF CONDUCT FOR CITY BOARDS AND COMMISSIONS; AND RESOLUTION ESTABLISHING A HIATUS FOR THE CITY’S HUMAN RIGHTS COMMISSION This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. EXCLUDED CONSENT CALENDAR: B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS City Council Minutes June 13, 2024 City of Palm Springs Page 5 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 3-1 (WITH MAYOR PRO TEM DEHARTE VOTING NO), to: 1. Appoint Steve Herman to the Administrative Appeals Board for a term ending June 30, 2025. Appoint Laura Hein and Edwin Koren to the Administrative Appeals Board for a term ending June 30, 2027. Appoint Stasik Winderbaum as an alternate to the Administrative Appeals Board with a term ending June 30, 2026; 2. Appoint Samantha McDermott to the Airport Commission for a term ending June 30, 2025. Appoint Robert (Ken) Hedrick and Bryan Ebensteiner to the Airport Commission for a term ending June 30, 2027; 3. Appoint Charlie Roddy and Meredith Fine to the Parks & Recreation Commission for a term ending June 30, 2026. Appoint Daniel Ballister and Nancy Ferguson to the Parks & Recreation Commission for a term ending June 30, 2027; 4. Appoint Lauri Kibby to the Public Arts Commission for a term ending June 30, 2026. Appoint Natasia Gascon to the Public Arts Commission for a term ending June 30, 2027; and, Human Rights Commission appointments shall be delayed. G. INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to adopt Resolution No. 25215, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING INITIATIVE #21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”, opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act, and direct staff to send a letter to the League of California Cities to include the City of Palm Springs as part of the growing coalition of public safety, labor, local government, infrastructure advocates and other organizations throughout the state opposed to this initiative. L. CITY BOARDS AND COMMISSIONS – ADOPTION OF A RESOLUTION ESTABLISHING A CODE OF CONDUCT FOR CITY BOARDS AND COMMISSIONS; AND RESOLUTION ESTABLISHING A HIATUS FOR THE CITY’S HUMAN RIGHTS COMMISSION MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 3-1 (WITH MAYOR PRO TEM DEHARTE VOTING NO), to continue the item. 2. PUBLIC HEARINGS: A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD (APN 507-132-001), CASE HSPB #157 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to open the Public Hearing and receive public testimony; and close the public hearing and adopt Resolution No. 25217, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes June 13, 2024 City of Palm Springs Page 6 DESIGNATING THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #157, SUBJECT TO CONDITIONS (APN 507-132-001).” B. PNG 1, LLC ON BEHALF OF PS COUNTRY CLUB, LLC FOR AN AMENDMENT OF THE DEVELOPMENT AGREEMENT FOR SERENA PARK – A RESIDENTIAL DEVELOPMENT CONSISTING OF 386 ATTACHED AND DETACHED RESIDENTIAL UNITS, STREETS, PRIVATE OPEN SPACE AND PUBLIC PARK ON 126 ACRES OF LAND LOCATED EAST OF SUNRISE WAY, NORTH OF VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER FLOODPLAIN WITHIN SECTION 1 AND 36 (CASE DA-2024-0002) MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to: 1. Open the public hearing and receive public testimony. 2. Waive the reading of text in its entirety, and introduce for first reading an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002).” 3. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement. 3. BUSINESS & LEGISLATIVE: A. INTRODUCTION OF ORDINANCE NO. 2098, ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.” MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to introduce and conduct a first reading of, by title only, an Ordinance No. 2098, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.” B. DISCUSSION AND APPROVAL OF CONSTRUCTION DOCUMENTS AND AUTHORIZATION TO BID FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO. BR-NBIL (502) City Council Minutes June 13, 2024 City of Palm Springs Page 7 The item was continued. C.GENERAL FUND FISCAL YEAR 2024-25 ADJUSTED CONTINUATION BUDGET Director Mooney provided a presentation and an overview of the City’s revenue forecast. PUBLIC COMMENT: Richard Mignault, Chip Lyman, Michael Joseph Pitkin, Dr. Jesse Neimeyer-Romer, Abraham Ishaq, Meghan Croiter, Karen Miller, Laura Otteson, and Geoff Heuchling provided non-agenda oral testimony. CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Pro Tem deHarte and Mayor Bernstein provided comments. ADJOURNMENT: The City Council adjourned the meeting of Thursday, June 13, 2024, at 8:51 p.m. Respectfully submitted, ________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 9/12/2024